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2023 Supreme(Gau) 481

MRIDUL KUMAR KALITA
Branch Manager, Federal Bank, Dimapur, Nagaland – Appellant
Versus
State of Nagaland, Represented by the P. P. – Respondent


Advocates Appeared:
For the Petitioner:Mr. Angshuman Bora, Senior Advocate, Mr. Pfosekho Pfotte.
For the Respondent: Mr. Bendangwabang, Mr. Kevi Angami, PP, Nagaland.

JUDGMENT :

Mridul Kumar Kalita, J.

1. Heard Mr. Angshuman Bora, learned senior counsel and Mr. Pfosekho Pfotte, learned counsel for the petitioners. Also heard Mr. Bendangwabang, learned counsel for the respondent No.2 as well as Mr. Kevi Angami, learned Public Prosecutor, Nagaland for the respondent no. 1.

2. This criminal petition has been registered on filing of an application under section 482 of the Code of Criminal Procedure, 1973 by the petitioners praying for quashing of the criminal proceedings in CR Case No.11/2021 pending in the Court of learned Chief Judicial Magistrate, Dimapur as well as for setting aside the order dated 11.11.2021 passed by learned Chief Judicial Magistrate, Dimapur, in CR Case No. 11/2021, whereby cognizance under sections 419 /420 /421 /423 /467 /458 /477 /483 /493 of the Indian Penal Code was taken against the present petitioners.

3. The facts relevant for adjudication of this criminal petition, in brief, are as follows-

    i. That the respondent no. 2 namely, Shri K. Saku Jamir had instituted a complaint case in the Court of learned Chief Judicial Magistrate, Dimapur at Dimapur, Nagaland arraigning (1) The Branch Manager, Federal Bank, Dimapur (2) Mr. Ab

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